Texas authorities have secured an indictment against an assisted living facility and two of its supervisory employees in connection with the death of an elderly disabled resident during a winter storm in 2021.
The Travis County District Attorney’s Office said that Harvest Renaissance – Austin and its former executive director, Mendi Ramsay, and former wellness director, Rochelle Alvarado, were charged with injury to an elderly person for the events of February 17, 2021.
The winter storm on that day caused widespread power outages, the DA said, and the employees “failed to promptly move and transport … 73-year-old Cynthia Pierce to a warmer area within the facility that was readily available after finding her in an unheated room with the windows open.”
Pierce was ultimately taken to a hospital, where she died from hypothermia.
“The indictment returned by the grand jury alleges that the staff’s criminal negligence by omission resulted in bodily injury to Mrs. Pierce, as they failed to properly care for her and did not notify the Texas Health and Human Services Commission of the power outage during the winter storm,” the DA’s office said. “The staff’s conduct was authorized by high-level managerial agents, specifically Mendi Ramsay or Rochelle Alvarado, acting on behalf of Harvest Renaissance-Austin, LLC, within the scope of their official duties.”
The district attorney’s office said it received a complaint about the incident in January 2024 from Pierce’s family lawyer. Austin Police were already investigating the incident, and the two departments continued the investigation together.
“Our hearts continue to break for the family of Cynthia Pierce,” said District Attorney José Garza. “All families should know that when their loved ones reside in an assisted living facility, they will be safe. When employers and their employees engage in criminal conduct and expose vulnerable people to dangerous living conditions, this office will hold them accountable.”
“We are grateful that the District Attorney’s Office is pursuing justice in this case,” said Holly Ferguson, Pierce’s daughter. “Harvest misrepresented themselves as a licensed care facility, able to provide care rooted in dignity, safety, and compassion. Their misrepresentation and their gross negligence led directly to my Mom’s death. My Mom was left alone and freezing, and it shouldn’t have happened. We hope this criminal case will force Harvest to take responsibility for their failings and make permanent changes so that something like this never happens again.”
Attorneys representing the company and Ramsay and Alvarado addressed the matter to KXAN. Sam Bassett, representing the two employees, said that Pierce’s death came “through no fault of their own, and certainly no crime was committed.”
Joshua Saegert, representing the company, said he was aware of the charges and that “our thoughts are with the family and loved ones of the resident, and we will continue to work with local authorities.”
The winter storm in February 2021 was one of the worst in Texas history. Gov. Greg Abbott declared an emergency in all 254 of the state’s counties.
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[Featured image: Cynthia Pierce/KXAN]
